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AGR-6780.3 - TETRA TECH INC - THIRD AMENDMENT GEOTECHNICAL AND CONSTRUCTION FOR WELL 28 EQUIPPING AND PUBLIC POCKET PARK PROJECT - JAN 23, 2024DocuSign Envelope IL):322DBEE3-0541-4862-A55B-AB4008943152 DS AGR-6780.3 57" THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT THIS THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT (the Third Amendment")is made and entered into as of January 23 2024,by and between the CITY OF ORANGE, a municipal corporation ("City"), and TETRA TECH, INC., a Delaware corporation("Consultant"), with reference to the following: A. City and Consultant entered into a Consultant Services Agreement (Agreement No. 6780)dated June 11, 2019,which is incorporated herein by this reference(the"Original Agreement"); and B. City and Consultant amended the Original Agreement to revise the Scope of Services and increase the compensation by a First Amendment to Consultant Services Agreement(Agreement No. 6780.1) dated April 1, 2020, which is incorporated herein by this reference (the "First Amendment"); and C. City and Consultant amended the Original Agreement to revise the Scope of Services and increase the compensation by a Second Amendment to Consultant Services Agreement Agreement No. 6780.2) dated April 12, 2022, which is incorporated herein by this reference (the Second Amendment"); and D. City and Consultant desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement to revise the Scope of Services and increase the compensation. NOW, THEREFORE, the parties hereby agree as follows: Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. Section 2. Cross-References. City and Consultant agree that all references in this Third Amendment are deemed and construed to refer to the Original Agreement, as implemented by this Third Amendment. Section 3 Revised Scope of Services. The Scope of Services, Section 1, Exhibit A of the Original Agreement,is hereby amended,modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference. Section 4 Compensation. The total not-to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by EIGHTY-THREE THOUSAND FIVE HUNDRED DOLLARS and 00/100 ($83,500.00) and Section 2.a is hereby amended in its entirety to read as follows: DocuSign Envelope ID:322DBEE3-0841-4862-A55B-AB4008943152 Consultant's total compensation for all services performed under this Agreement, shall not exceed NINE HUNDRED THIRTY-EIGHT THOUSAND TWO HUNDRED DOLLARS and 00/100 ($938,200.00)without the prior written authorization of City." Section 5. Integration. This Third Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Third Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Third Amendment shall control and govern the rights and obligations of the parties. Remainder of page intentionally left blank; signatures on next page] DocuSign Envelope ID:322DBEE3-0841-4862-A55B-AB4008943152 IN WITNESS of this Third Amendment, the parties enter into this Third Amendment on the year and day first above written. CONSULTANT"CITY" TETRA TECH, INC, a Delaware corporation CITY OF ORANGE, a municipal corporation DocuSigned by: DocuSigned by: U- VIA f'PueS6R, le. Statue* By. 5972E019A4EF444... By• 5tUAitl,02D88B777A20417. Printed Name: Tom Epperson Daniel R. Slater,Mayor Title: Vice President By: ATTEST: Printed Name: DocuSigned by: Title: Ila2RFI]rRQRFFd4A Pamela Coleman, City Clerk APPROVED AS TO FORM: DocuSigned by: LcCDC3O7DCOA7548k Nathalie Adourian Senior Assistant City Attorney NOTE:If CONSULTANT is a corporation, the City requires the following signature(s): 1) the Chairman of the Board, the President or a Vice President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office,please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 3 DocuSign Envelope ID:322DBEE3-0841-4862-A55B-AB4008943152 EXHIBIT "A" SUPPLEMENTAL SCOPE OF SERVICES Behind this page.] DocuSlgn Envelope ID:322DBEE3-0841-4862-A55B-AB4008943152 it TETRA TECH December 15, 2023 Tuan Cao, PE Senior Civil Engineer City of Orange 189 S. Water Street Orange, CA 92866 Reference: Well No.28 and Public Mini Park-Agreement No. 6780 Additional Work Request No.4 for Additional Construction Support for Well No.28 Dear Mr. Cao, Tetra Tech has been providing engineering services on the Well No. 28 and Public Mini Park Project since June 2019 under Agreement No. 6780. Tetra Tech is currently providing construction phase services and the approved budget based on Amendment No. 2 dated April 12, 2023 is $854,700.00. The City has a proposal from Tetra Tech to provide for Additional Construction Support for the Well No. 28 Well Equipping and PFAS Treatment System Project. We have prepared our proposal based on our engineering support during construction, construction management and inspection services provided for Orange County Water District(OCWD) on previous PFAS treatment projects.The following correspondence summarizes the additional scope and budget requested to provide additional engineering construction support services for the well equipping portion of the project. Existing Scope of Services Our current contract includes engineering services during construction for well equipping and PFAS treatment system and based on the following level of effort: Project Management 18 months Attendance at Construction Meetings 6 meetings Shop Drawing Review 90 submittals RFI Responses 30 responses Plan Revisions 40 hours Record Drawings As of October 27, 2023 Tetra Tech has invoiced $829,750 (approximately 97%) of the total authorized budget of 854,700.00. The construction is anticipated to be completed in March 2025.Tetra Tech has exceeded estimated level effort for meetings,shop drawing reviews and RFI responses included in our revised level of effort estimated in Additional Work Request No. 3. However, with the amount of submittal reviews, RFI responses, meetings and correspondence we will not have sufficient budget to provide services through the end of construction without additional budget authorization. Additional Scope of Services The City desires Tetra Tech to provide additional construction support for the well equipping portion of the project. Materials testing shall be the Contractor's responsibility per the Special Provisions Section 4 and 17885 Von Karman Avenue, Suite 500, Irvine, CA 92614-5227 Tel 949.809.5000 tetratech.com DocuSign Envelope ID:322DBEE3-0841-4862-A55B-AB4008943152 Mr.Tuan Cao, PE December 15, 2023 specialty inspections will be performed by Ninyo& Moore who is contracted by the City. The following summarizes our recommended scope of services and responsible party. California Division of Drinking Water (DDW) Permit Assistance—Tetra Tech Construction Management Services(review of progress payments, schedules, quality control, and change order evaluation)—City Preparation of Design Clarifications and Change Order Evaluation Assistance—Tetra Tech Technical Support for Well Equipping Construction—Tetra Tech On-site Improvements and Well Equipping Observation/Inspection—City Soil, Compaction Testing, and Concrete Cylinder Testing—Contractor Rebar, Concrete,Anchor Bolts Deputy Inspection—Ninyo& Moore (contracted by City) Technical Support for Well Equipping Start-up—Tetra Tech Technical Support Landscaping and Architectural —David Volz Design and Secoy Architects (contracted by Tetra Tech) Geotechnical Observation—Leighton Consulting, Inc. (contracted by Tetra Tech) Additional Construction Support by Tetra Tech for submittal reviews, RFI responses, and project correspondence SCOPE OF WORK Tetra Tech proposes to provide the following Scope of Work to provide Additional Construction Support for Well No. 28 Well Equipping portion of the project. Task 1 — DDW Permitting 1.1 DDW Permit Assistance—Tetra Tech will coordinate with DDW and prepare permit application for the well equipping portion of the project.Tetra Tech will then coordinate and process the permit thru DDW until it is completed. We have assumed water quality sampling and reporting will be performed by others. We have assumed two(2) rounds of reviews and comments from DDW. Task 2 —Additional Construction Support Tetra Tech will provide an experienced team to perform the following construction services: 2.1 Review project change orders pertaining to well equipping.We have assumed up to 2 change orders may need to be reviewed including preparation of support documents at the request of the City. 2.2 Provide Technical Support for proposed landscaping and architectural features.Technical support to be provided by David Volz Design and Secoy Architects. Including assistance in park sign design. 2.3 Well Equipping start-up assistance.We have assumed 20 hours of engineering technical support for start-up assistance. 2.4 Provide Geotechnical Observation during construction. Geotechnical Observation to be provided by Leighton Consulting, Inc. and assumed 180 hours(prevailing wage) of observation for the following construction activities: a. Site Grading b. Foundation Excavations 2 TETRA TECH DocuSign Envelope ID:322DBEE3-0841-4862-A55B-AB4008943152 Mr.Tuan Cao, PE December 15, 2023 c. Retaining Wall Backfill and Subdrain d. Utility Trench Backfill e. Subgrades f. AB and AC Placement 2.5 Provide additional construction support to review product submittal, respond to RFIs, and construction correspondence. Materials testing shall be performed by the Contractor and specialty inspections will be performed by Ninyo & Moore who is contracted by the City. BUDGET REQUEST SUMMARY Tetra Tech is requesting the following additional budget authorization to provide additional construction support for Well No. 28 well equipping portion of the project. The following is a breakdown of the requested budget authorization for each task. Task Task Description Total Budget No. 1 DDW Permitting 5,000 DDW Permit Assistance 5,000 2 Additional Construction Support 78,500 Review Change Orders(2) 3,100 Technical Support—Landscape and Architecture 20,900 Well Equipping Start-up Assistance 6,000 Geotechnical Observation 38,500 Additional Construction Support 10,000 Total Budget Amount $83,500 Tetra Tech is requesting$83,500 additional budget authorization to compensate us for this additional work. We have attached our hourly manpower spreadsheet per task and revised rate sheet for 2023- 2024. By authorizing Tasks 1 through 2 Tetra Tech's authorized budget amount of$854,700.00 will be increased to 938,200.00. If you have any questions or require additional information, please do not hesitate to call. Sincerely, Laurence Esguerra, PE Project Manager LE:LE Attachment 0:1Projectsllrvine1093941200-09394-190011ProjMgmt\CorrespondencelConstruction Management Proposall1-CitylRevision 021Well28 Equipping Additoinal Construction Services Well Equipping Proposal rev02.docx 3 TETRA TECH DocuSign Envelope ID:322DBEE3-0841-4862-A55B-AB4008943152 Price Proposal Revision Date: Labor Plan Price Summary/Totals Jun 13,2023 7 Resource Task Pricing Totals 83,500 Well No. 28 Additional Construction Support Specify Add9 Fees on Setup 0 Technology Use Fee Additional Construction Support for Orange Well No.28 Well Equipping Pro]Area, Total Price 83,500 Submitted to:City of Orange(Attn:Tuan Cao.PE) Pricing by Resourcei A Contract Type:T&M E f g `" A p Total E W 3 111 "=Task Pricing I Nc E I :E.E Labor Schedule Labor Hrs 12 if. .23 ,;,a 3 W Race Esc.Labor Subs Travel Mat'Is&Equip ODCs Totals Project Phases/Tasks i,r„ Months 3 - 3 111 11 63 s 32 0.0096 24,345 58,581 574 83,500 1 1 I Task 1-DDW Permitting 09/00/23 12/30/24 15.6 35 310 31 1 8 2 20 4,955 45 5,000 1.1 DDW Assistance 31 1 8 2 20 4,955 45 5,000 Task 2-Construction Managementad Inspection 03/16/21 03/15/25 11.7 26 234 80 10 55 3 12 19,390 58,581 529 78,500 2.1 Review Change Orders(2) 18 2 4 12 3,090 10 3,100 2.2 Technical Support-Landscaping and Susan Seccoy 20,700 200 20,900 David Volz Design I 12,075 100 12,175 alSusanSoy - - 8,625 100 8,725 2.3 Well Equipping Start-up(20 hours) 20 8 12 1- 5,800 200 6,000 2.4 Geotechnlcal Observation 3 1 2 I 500 37,881 119 38,500 ILL------ Leighton 3 t 2 - i 500. 37,881 119 38,500 2.5 Additional Construction Support 39 38 1 10,000 1 10,000 1 1 Totals 09/04/23 03/15/25 18.0 111 11 63 5 32 0.00% 24,345 58,581 574 83,500 Tetra Tech-Confidential and Proprietary Page 1 of 1 Printed 12/15/2023 DocuSign Envelope ID:322DBEE3-0841-4862-A55B-AB4008943152 TETRA TECH 2023/2024 HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Rate Rate Project Management Construction Project Manager 1 225.00 Construction Project Rep 1 90.00 Project Manager 2 260.00 Construction Project Rep 2 100.00 Sr Project Manager 305.00 Sr Constr Project Rep 1 120.00 Program Manager 335.00 Sr Constr Project Rep 2 135.00 Principal in Charge 335.00 Construction Manager 1 185.00 Construction Manager 2 210.00 Construction Director 260.00 Engineers General &Administrative Engineering Technician 66.00 Project Assistant 1 68.00 Engineer 1 100.00 Project Assistant 2 77.00 Engineer 2 115.00 Project Administrator 97.00 Engineer 3 130.00 Sr Project Administrator 120.00 Project Engineer 1 153.00 Sr Graphic Artist 154.00 Project Engineer 2 168.00 Technical Writer 1 100.00 Sr Engineer 1 170.00 Technical Writer 2 126.00 Sr Engineer 2 175.00 Sr Technical Writer 158.00 Sr Engineer 3 210.00 Principal Engineer 305.00 Planners Information Technology Planner 1 106.00 Systems Analyst/Programmer 1 78.00 Planner 2 118.00 Systems Analyst/Programmer 2 118.00 Sr Planner 1 128.00 Sr Sys Analyst/Programmer 1 132.00 Sr Planner 2 154.00 Sr Systems Analyst/Programmer 2 $200.00 Sr Planner 3 178.00 Project Accounting Designers&Technicians Project Analyst 1 92.00 CAD Technician 1 75.00 Project Analyst 2 118.00 CAD Technician 2 90.00 Sr Project Analyst 158.00 CAD Technician 3 105.00 CAD Designer 115.00 Reimbursable In-House Costs: Sr CAD Designer 1 145.00 Photo Copies (B&W 8.5"x11") Sr CAD Designer 2 148.00 Photo Copies (B&W 11"x17") CAD Director 175.00 Color Copies (up to 8.5"x11") Survey Tech 1 60.00 Color Copies (to 11"x17") Compact Discs Large format copies Health &Safety H&S Administrator 97.00 Sr H&S Administrator 118.00 Mileage-Company Vehicle H&S Manager 148.00 Mileage-POV current GSA POV mileage rate subject to change All other direct costs, such as production, special photography, postage, delivery services, overnight mail, printing anc performed by subconsultant will be billed at cost plus 15%. NOTE: Rates subject to change annually. DocuSign Envelope ID:322DBEE3-0841-4862-A55B-AB4008943152 MSC#17755 Aon Risk Services PO Box 1447 Lincolnshire, IL 60069 MDG2023 00000077 05 tttl4ltlitiilut11P111llrili"Illtliiiirlilillli 11111niu City of Orange Attn: Jose Diaz 300 E. Chapman Avenue Orange CA 92866 1591 a S 8 N O I DocuSign Envelope ID:322DBEE3-0841-4862-A55B-AB4008943152 DocuSign Envelope ID:322DBEE3-0841-4862-A55B-AB4008943152 Certificate No: 570101611073 AoN City of Orange Attn: Jose Diaz 300 E. Chapman Avenue Orange CA 92866-1591 USA Tuesday, September 26, 2023 To whom it may concern: Following a concentrated effort to reduce our environmental footprint and provide timely certificate delivery, Aon will begin delivering our Certificates of Insurance electronically in PDF format. Please utilize one of the following methods to ensure you will receive the electronic copy of your Certificate (Certificate No: 570101611073) for future renewals: Visit aon.com/e-cert; or Utilize the QR Code below to enter/validate your information. If your email address has changed or will be changing in the future, or you no longer require this certificate, please let us know using one of the methods above. Thank you for your cooperation and willingness to help us reduce our impact to the environment. MSC# 177551 Aon P.O. Box 1447 Lincolnshire, IL 60069 14 Ilin:611.•• •k 7 T D gIBrIll • t s